Terms of Service

Last updated: February 9, 2026

These Terms of Service ("Terms") govern your access to and use of the Kraken AI platform (also referred to as "Kraken" or the "Kraken Platform"), website, APIs, and related services (collectively, the "Services") provided by Optima Engineering LLC ("Optima," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

Enterprise Agreement Precedence: where you have entered into a separately negotiated Master Services Agreement, Statement of Work, Order Form, or other written agreement with Optima (collectively, an "Enterprise Agreement"), the terms of such Enterprise Agreement control in the event of any conflict with these Terms. These Terms apply only to the extent not superseded by an Enterprise Agreement.

1. Description of Services

Kraken AI is an AI Agent Harness Platform that provides the tooling layer for deploying, monitoring, securing, and governing AI agents in production environments. The Services include agent orchestration, safety and guardrails, observability, data integrations, governance and compliance tools, and related platform features as described on our website.

2. Account Registration

To use the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at security@optima.engineering if you suspect unauthorized access to your account.

You must be at least 18 years of age or the legal age of majority in your jurisdiction to use the Services. The Services are designed for business use and are not intended for personal consumer use.

3. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Services in any manner that violates applicable laws, infringes the rights of others, or breaches these Terms or the Acceptable Use Policy.

4. Customer Data and Content

Your Data

"Customer Data" means all data, content, configurations, and information that you or your authorized users upload, submit, or transmit through the Services, including agent inputs, agent outputs, workflow configurations, and operational data processed by agents on the platform.

You retain all rights in your Customer Data. We do not claim ownership of your Customer Data. You grant us a limited, non-exclusive license to use, process, and store your Customer Data as reasonably necessary to provide and operate the Services in accordance with these Terms and our Privacy Policy. We may also use de-identified, aggregated data derived from your use of the Services to improve and develop our products and features.

Your Responsibilities

You are responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it. You represent and warrant that you have all necessary rights, consents, and permissions to submit Customer Data to the Services and to authorize us to process it as contemplated by these Terms.

5. AI Agent Operations

Agent Outputs

The Services provide infrastructure for deploying and managing AI agents. You acknowledge that AI agent outputs may be inaccurate, incomplete, or unsuitable for your purposes. You are solely responsible for reviewing, validating, and acting upon agent outputs. We do not guarantee the accuracy, reliability, or fitness of any agent output for a particular purpose.

Human Oversight

You are responsible for implementing appropriate human oversight of agents operating on the platform, including configuring guardrails, approval workflows, and kill-switch controls as appropriate for your use case. You must not rely on AI agents to make autonomous decisions in high-risk domains without adequate human review and approval.

Third-Party Models

The Services may integrate with third-party AI models and services. Your use of third-party models is subject to the respective provider's terms and conditions. We are not responsible for the performance, availability, or outputs of third-party AI models.

Security Scanning

As part of our commitment to platform safety, the Services include automated security scanning that analyzes skills, plugins, and other third-party content for potential threats ("Security Scanning"). We continuously invest in improving the accuracy and coverage of these scans to help you make informed decisions about the content you deploy.

However, no automated scanning technology can detect all possible threats. Scan results, including "No Threats Detected" or similar indicators, reflect our best-effort automated analysis at a point in time and should be treated as one input in your security review process — not a substitute for it. You remain responsible for reviewing and validating all skills, plugins, and third-party content before deploying them in your environment, and you assume all risk associated with content you choose to install or execute.

6. Intellectual Property

Ownership

As between you and Optima, and subject to the rights granted in these Terms, Optima owns all right, title, and interest in and to the Services and all related software, source code, object code, algorithms, models, architectures, APIs, designs, user interfaces, documentation, training data, data structures, databases, trade secrets, know-how, methodologies, processes, inventions (whether or not patentable), patents, patent applications, trademarks, service marks, trade names, trade dress, logos, copyrights, moral rights, and all other intellectual property and proprietary rights therein, including any modifications, enhancements, or improvements thereto (collectively, "Optima IP"). All rights in and to the Optima IP not expressly granted herein are reserved by Optima.

License to Use the Services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your subscription, solely for your internal business purposes and in accordance with these Terms. This license does not convey any ownership interest in the Services or Optima IP. Where you have entered into an Enterprise Agreement with Optima, your license to access and use the Services is additionally governed by and subject to the terms and conditions of such Enterprise Agreement, and you must comply with any usage limitations, scope restrictions, and licensing conditions specified therein.

Restrictions

You may not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data models, or underlying structure of the Services; (b) copy, modify, adapt, translate, or create derivative works of the Services or any Optima IP; (c) distribute, sell, resell, lease, sublicense, or otherwise transfer the Services or any Optima IP; (d) use the Services to build a competing product or service, or assist any third party in doing so; (e) remove, alter, or obscure any proprietary notices, trademarks, or branding on the Services; or (f) access the Services for the purpose of benchmarking, competitive analysis, or feature replication.

Feedback

Any feedback, suggestions, ideas, or improvements you provide regarding the Services ("Feedback"), and all intellectual property rights associated with such Feedback, are the exclusive property of Optima. You irrevocably assign to Optima all right, title, and interest in and to such Feedback, including all intellectual property rights therein, to the extent you acquire any such proprietary interest. You waive any moral rights in such Feedback. Optima may use, implement, modify, and commercialize Feedback without any attribution, compensation, or obligation to you.

Client Reference

Optima may include your business name and logo in lists of Optima clients, on our website, and in marketing materials. If you do not wish to be included, you may request removal by contacting us at legal@optima.engineering, and we will remove your information within a commercially reasonable timeframe.

7. Fees and Payment

Certain features of the Services may require payment of fees. Fees are described in the applicable order form, pricing page, or subscription agreement. Unless otherwise specified:

  • Fees are quoted in U.S. dollars and are exclusive of taxes.
  • Fees are non-refundable except as required by law or as expressly stated in a separate agreement.
  • We may change our fees at any time without prior notice.
  • Overdue payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

8. Confidentiality

You agree to maintain the confidentiality of any non-public information disclosed by Optima using industry-standard measures. Confidential Information does not include information that is publicly available, already known to the recipient, rightfully received from a third party, or independently developed.

9. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE SECURITY OF THE SERVICES, THE INTEGRITY OF YOUR DATA, OR THE PREVENTION OF UNAUTHORIZED ACCESS.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI AGENT OUTPUT, AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF AND RELIANCE ON SUCH OUTPUTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply except with respect to your breach of the Acceptable Use Policy, your payment obligations, your indemnification obligations under Section 11, your violation of our intellectual property rights under Section 6, or your gross negligence or willful misconduct.

11. Indemnification

You agree to indemnify, defend, and hold harmless Optima and its officers, directors, employees, and agents from any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms or the Acceptable Use Policy; (b) your Customer Data; (c) your violation of applicable law; or (d) any actions taken by AI agents operating under your account.

12. Term and Termination

These Terms are effective when you first access the Services and continue until terminated. Either party may terminate at any time. Optima reserves the right to refuse, suspend, or terminate access to the Services for any person or entity, at any time, for any reason or no reason, in its sole and absolute discretion, with or without notice.

Upon termination, your right to use the Services ceases immediately. You are solely responsible for exporting your data before termination. Customer Data may be available for export for a limited period following termination, after which it may be deleted. Sections that by their nature should survive termination will survive, including Sections 4, 6, 8, 9, 10, 11, 14, and 15.

13. Modifications to Terms

We reserve the right to modify these Terms, and any related policies or documents incorporated by reference, at any time in our sole discretion. Updated versions will be posted on our website. All modifications are immediately binding upon posting. We are not obligated to notify you of changes. It is solely your responsibility to review all applicable policies regularly. Your continued use of the Services constitutes your acceptance of the then-current Terms.

14. Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

Before initiating any formal dispute resolution, you agree to first attempt to resolve the dispute informally by contacting us at legal@optima.engineering. If the dispute is not resolved within 30 days, either party may proceed with formal dispute resolution as described below.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Maricopa County, Arizona. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND OPTIMA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.

NOTWITHSTANDING THE FOREGOING ARBITRATION PROVISION, OPTIMA MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OPTIMA IP (INCLUDING TRADE SECRETS, TRADEMARKS, PATENTS, COPYRIGHTS, AND ALL OTHER PROPRIETARY RIGHTS), CONFIDENTIAL INFORMATION, OR THE ACCEPTABLE USE POLICY, WITHOUT THE REQUIREMENT OF POSTING A BOND OR PROVING ACTUAL DAMAGES.

IF OPTIMA PREVAILS IN ANY DISPUTE, CLAIM, ARBITRATION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, YOU AGREE TO REIMBURSE OPTIMA FOR ALL REASONABLE ATTORNEYS' FEES, COSTS, AND EXPENSES INCURRED. IF ANY CLAIM BROUGHT AGAINST OPTIMA IS DETERMINED BY THE ARBITRATOR OR COURT TO BE FRIVOLOUS OR WITHOUT MERIT, YOU WILL REIMBURSE OPTIMA FOR ALL ATTORNEYS' FEES, COSTS, AND EXPENSES INCURRED IN DEFENDING AGAINST SUCH CLAIM.

15. General Provisions

  • Entire agreement: these Terms, together with our Privacy Policy, Acceptable Use Policy, Data Processing Agreement, any applicable Enterprise Agreements, and order forms, constitute the entire agreement between you and Optima regarding the Services. In the event of conflict, Enterprise Agreements control, followed by order forms, followed by these Terms.
  • Severability: if any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  • Assignment: you may not assign these Terms without our prior written consent. We may assign these Terms at any time to any party without notice or consent.
  • Force majeure: Optima will not be liable for any failure or delay in performance due to any cause beyond its control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, cyberattacks, third-party service failures, or internet or utility failures.
  • Notices: notices to Optima should be sent to legal@optima.engineering. We may send notices to the email address associated with your account.

16. Contact

If you have questions about these Terms, please contact us: